In the following conditions, we would like to inform you about the conditions that apply and must be observed when submitting photo spots and photos to the Fotogoals App.
Status: 26/07/2025
Table of contents
- Copyright and consent of the persons depicted
- Transfer of rights of use
- Right of cancellation
- Disclaimer
- Responsibility for motif rights and reporting infringements
- Privacy policy
- Use of the photos
- Metadata of the photos
- Underage users
- Choice of law and place of jurisdiction
- Note on provider privilege and notice-and-takedown procedure
In the following, ‘Fotogoals’ stands for the Fotogoals app and the person behind it, Lukas Zobel. Further legal information can be found in the imprint.
1. copyright and consent of the persons depicted
The user confirms that he/she is the sole author of the photos submitted or that he/she has the necessary rights to submit them. If persons are depicted in the photos, the user confirms that he/she has obtained the express consent of the persons depicted for publication and use.
2. Transfer of rights of use
By submitting the photos, the user grants Fotogoals the right to use the photos in the Fotogoals app, on social media, on the Fotogoals website (fotogoals.com) and for marketing purposes (whether print, print – online or offline). This right also includes the editing of the photos, insofar as this is necessary for the aforementioned purposes. A copyright notice (user name) will of course be attached at all times. The photos will not be passed on to third parties unless this is necessary for the above-mentioned purposes (e.g. publication on social media). The user naturally retains the right to continue to use the photos themselves or to authorise others to use them. The right of use is unlimited in time, unless the user asks Fotogoals in writing and with appropriate justification to remove his photos from the database, as noted in point no. 3 (right of cancellation). Fotogoals also reserves the right to continue using the photos even if the user irrevocably deletes his/her Fotogoals account.
3. Right of cancellation
The user may revoke the rights granted at any time in writing by e-mail to [info@fotogoals.app]. Upon receipt of the cancellation, Fotogoals will remove the relevant photos from the Fotogoals Spot database within a reasonable period of time and will no longer use them.
4. Disclaimer
The user indemnifies Fotogoals against all third-party claims arising from the use of the photos transmitted, in particular in connection with copyright infringements, the infringement of personal rights or licence rights. The user is fully liable for the legality of the transmitted content.
5. Responsibility for motif rights and reporting of infringements
The user is solely responsible for ensuring that no third-party rights (e.g. copyrights, property rights to buildings, works of art, parks, trademark rights, personal rights) are infringed by the publication of the photos submitted. In particular, the user is responsible for obtaining any necessary authorisations for the publication of photos of protected motifs (e.g. from parks, museums, artists or other rights holders).
However, Fotogoals does not check the submitted content in advance for possible legal infringements for quality purposes. Should Fotogoals become aware of a possible infringement (e.g. through a notification from a rights holder), Fotogoals reserves the right to remove the photos in question immediately.
Fotogoals can be informed of problematic content by e-mail to [info@fotogoals.app]. Information about possible infringements will be checked immediately and the content in question removed if necessary.
Note: Additional authorisation may be required for photos of well-known buildings, works of art or parks. Please only upload photos for which you have all the necessary rights.
6. Data protection
The photos and personal data transmitted by the user are used exclusively within the framework of the Fotogoals Fotospots database and associated publications (e.g. social media, marketing). The data will only be passed on to third parties within the scope of the above-mentioned rights of use. Further information on data processing can be found in the privacy policy of the Fotogoals app.
7. Use of the photos
The photos are used exclusively for the purposes of the Fotogoals app, the Fotogoals website (fotogoals.com) and the aspects described under point two (specifically, above all, social media and marketing). It will not be used for other purposes without the user’s prior consent. Fotogoals guarantees that the photos will not be used for unauthorised, criminal or defamatory purposes.
8. Metadata of the photos
We would like to point out that we use all the metadata (EXIF / IPTC / TIFF) contained in the submitted photos to improve the quality of the spots and photos at the photo spots or to make further information available to other users. This mainly relates to the creation date of the original photo, which is displayed for each photo within the app so that other users can recognise when a photo was taken. In addition to this, the location data of the place where the photo was taken or data on the recording device may also be used. However, we would like to point out that this is not sensitive or personal data that is transmitted.
9. Underage users
Users under the age of 18 may only submit photos with the consent of their legal guardian. By submitting a photo, the user confirms that this consent has been given.
10. Choice of law and place of jurisdiction
The law of the Federal Republic of Germany shall apply. The place of jurisdiction is Kitzingen and, by extension, Würzburg.
11. Note on provider privilege and notice-and-takedown procedure
As described in the previous points (in particular point 5 ‘Responsibility for subject rights and notification of infringements’), Fotogoals as a platform operator is not obliged by law to check the content submitted by users for possible infringements in advance (provider privilege pursuant to Section 10 TMG). However, if Fotogoals receives indications of a possible infringement (e.g. through a report from a rights holder), the so-called notice-and-takedown procedure is applied: The content in question will be checked immediately and removed if there is a justified suspicion of an infringement.
